| 1 | 1 | | 85R7999 SMT-D |
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| 2 | 2 | | By: Miller H.B. No. 2846 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the employment of certain individuals at a sexually |
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| 8 | 8 | | oriented business. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 125.0015(a), Civil Practice and Remedies |
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| 11 | 11 | | Code, is amended to read as follows: |
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| 12 | 12 | | (a) A person who maintains a place to which persons |
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| 13 | 13 | | habitually go for the following purposes and who knowingly |
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| 14 | 14 | | tolerates the activity and furthermore fails to make reasonable |
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| 15 | 15 | | attempts to abate the activity maintains a common nuisance: |
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| 16 | 16 | | (1) discharge of a firearm in a public place as |
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| 17 | 17 | | prohibited by the Penal Code; |
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| 18 | 18 | | (2) reckless discharge of a firearm as prohibited by |
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| 19 | 19 | | the Penal Code; |
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| 20 | 20 | | (3) engaging in organized criminal activity as a |
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| 21 | 21 | | member of a combination as prohibited by the Penal Code; |
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| 22 | 22 | | (4) delivery, possession, manufacture, or use of a |
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| 23 | 23 | | controlled substance in violation of Chapter 481, Health and Safety |
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| 24 | 24 | | Code; |
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| 25 | 25 | | (5) gambling, gambling promotion, or communicating |
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| 26 | 26 | | gambling information as prohibited by the Penal Code; |
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| 27 | 27 | | (6) prostitution, promotion of prostitution, or |
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| 28 | 28 | | aggravated promotion of prostitution as prohibited by the Penal |
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| 29 | 29 | | Code; |
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| 30 | 30 | | (7) compelling prostitution as prohibited by the Penal |
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| 31 | 31 | | Code; |
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| 32 | 32 | | (8) commercial manufacture, commercial distribution, |
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| 33 | 33 | | or commercial exhibition of obscene material as prohibited by the |
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| 34 | 34 | | Penal Code; |
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| 35 | 35 | | (9) aggravated assault as described by Section 22.02, |
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| 36 | 36 | | Penal Code; |
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| 37 | 37 | | (10) sexual assault as described by Section 22.011, |
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| 38 | 38 | | Penal Code; |
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| 39 | 39 | | (11) aggravated sexual assault as described by Section |
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| 40 | 40 | | 22.021, Penal Code; |
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| 41 | 41 | | (12) robbery as described by Section 29.02, Penal |
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| 42 | 42 | | Code; |
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| 43 | 43 | | (13) aggravated robbery as described by Section 29.03, |
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| 44 | 44 | | Penal Code; |
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| 45 | 45 | | (14) unlawfully carrying a weapon as described by |
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| 46 | 46 | | Section 46.02, Penal Code; |
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| 47 | 47 | | (15) murder as described by Section 19.02, Penal Code; |
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| 48 | 48 | | (16) capital murder as described by Section 19.03, |
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| 49 | 49 | | Penal Code; |
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| 50 | 50 | | (17) continuous sexual abuse of young child or |
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| 51 | 51 | | children as described by Section 21.02, Penal Code; |
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| 52 | 52 | | (18) massage therapy or other massage services in |
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| 53 | 53 | | violation of Chapter 455, Occupations Code; |
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| 54 | 54 | | (19) employing an individual younger than 21 years of |
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| 55 | 55 | | age [a minor] at a sexually oriented business as defined by Section |
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| 56 | 56 | | 243.002, Local Government Code; |
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| 57 | 57 | | (20) trafficking of persons as described by Section |
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| 58 | 58 | | 20A.02, Penal Code; |
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| 59 | 59 | | (21) sexual conduct or performance by a child as |
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| 60 | 60 | | described by Section 43.25, Penal Code; or |
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| 61 | 61 | | (22) employment harmful to a child as described by |
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| 62 | 62 | | Section 43.251, Penal Code. |
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| 63 | 63 | | SECTION 2. Sections 51.016(b) and (h), Labor Code, are |
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| 64 | 64 | | amended to read as follows: |
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| 65 | 65 | | (b) A sexually oriented business may not employ an |
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| 66 | 66 | | individual younger than 21 [18] years of age. |
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| 67 | 67 | | (h) The commission, the attorney general, or a local law |
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| 68 | 68 | | enforcement agency may inspect a record maintained under this |
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| 69 | 69 | | section if there is good reason to believe that an individual |
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| 70 | 70 | | younger than 21 [18] years of age is employed or has been employed |
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| 71 | 71 | | by the sexually oriented business within the two years preceding |
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| 72 | 72 | | the date of the inspection. |
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| 73 | 73 | | SECTION 3. Section 43.251(a)(1), Penal Code, is amended to |
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| 74 | 74 | | read as follows: |
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| 75 | 75 | | (1) "Child" means a person younger than 21 [18] years |
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| 76 | 76 | | of age. |
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| 77 | 77 | | SECTION 4. The change in law made by this Act to Section |
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| 78 | 78 | | 125.0015, Civil Practice and Remedies Code, applies only to a cause |
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| 79 | 79 | | of action that accrues on or after the effective date of this Act. A |
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| 80 | 80 | | cause of action that accrues before the effective date of this Act |
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| 81 | 81 | | is governed by the law in effect immediately before that date, and |
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| 82 | 82 | | the former law is continued in effect for that purpose. |
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| 83 | 83 | | SECTION 5. The changes in law made by this Act to Section |
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| 84 | 84 | | 51.016, Labor Code, and Section 43.251, Penal Code, apply only to an |
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| 85 | 85 | | offense committed on or after the effective date of this Act. An |
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| 86 | 86 | | offense committed before the effective date of this Act is governed |
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| 87 | 87 | | by the law in effect on the date the offense was committed, and the |
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| 88 | 88 | | former law is continued in effect for that purpose. For purposes of |
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| 89 | 89 | | this section, an offense was committed before the effective date of |
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| 90 | 90 | | this Act if any element of the offense occurred before that date. |
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| 91 | 91 | | SECTION 6. This Act takes effect September 1, 2017. |
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